ISSA - International Securtities Services Association

Compliance to the ISSA Recommendations 2000

Market: Chile

 

Status: September 21, 2001

 

Recommendation 7

Investor compliance with the laws and regulations in the home countries of their investments should be part of their regulators' due diligence process. They, in turn, should be treated equitably in the home country of their investments especially in respect to their rights to shareholder benefits and concessionary arrangements under double tax agreements.

1. Do domestic regulators monitor the procedures in place at their locally based cross-border custodians to assure compliance with the laws and regulations of the home countries of their investments? No.
2. What are the areas (e.g. benefits, investor compensation) where foreign investors are not treated in the same way as local investors? In general, foreigners are treated in the same way as local investors.
There are foreign ownership limits only in the media sector.
3. Can sales proceeds and income be repatriated without any restrictions? Currently, yes. In the local market existed some restrictions to repatriate funds abroad, but right now funds flow are unrestricted.
Nevertheless, some market entry vehicles such as DL600 and Law 18,657 still maintain repatriation restrictions where official presentation of capital inflow and repatriation requests must be made directly to the Central Bank of Chile.
4. Are double tax agreements simple to apply, and do foreign investors receive promptly their full entitlement to dividends and interest payments? To date, Chile has signed double tax agreements only with Mexico, Argentina, Poland, and Ecuador and Canada. Foreign investors from these countries promptly receive their full entitlement to dividends and interest payments.